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2020 Supreme(Mad) 48

G.K.ILANTHIRAIYAN
Devaraj Bharath Bhushan – Appellant
Versus
K. Moorthy – Respondent


Advocates Appeared:
For the Appellants :Parthasarathy, Senior Counsel, V.G. Suresh Kumar, Advocates
For the Respondents:T.T. Ravichandran, Advocate, notice served.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 25.10.2005, in A.S.No.10 of 2005 on the file of the District Judge of the Nilgiris at Udhagamandalam reversing the judgment and decree dated 04.05.2005 in O.S.No.106 of 2001 on the file of the Subordinate Court, Udhagamandalam.)

1. This second appeal is directed as against the judgment and decree dated 25.10.2005, in A.S.No.10 of 2005 on the file of the District Judge of the Nilgiris at Udhagamandalam reversing the judgment and decree dated 04.05.2005 in O.S.No.106 of 2001 on the file of the Subordinate Court, Udhagamandalam.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. The case of the plaintiff in brief is as follows:-

3.1. The suit is filed for partition by metes and bounds and allot the extent of 0.03-1/16 acre to the plaintiff with separate possession. The immovable property admeasuring 0.65 acre of agricultural land in SF.No.233/B situated at Yedapalli Village, Nilgiris District was purchased jointly by M/s.Kullan and J.Nanjan, brothers both sons of Joghee Gowder of Yedappalli Village under regist

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